If arrested for a DUI in Michigan, you have two paths of action. There is the path of litigating the case with pretrial motions and trial defenses, or "cutting a deal" with the prosecutor and judge.

Most people come to me and say they don't want a criminal record, can't go to jail, can't lose their license, and a host of other goals. The most important thing we need to do is discuss these goals, the reasons behind them, and the realistic possibility of achieving them.

I tell clients all of the time that we don't have an easy button, or a time machine. We cannot go back in time, and make this go away. What we can do is two-fold - defeat the case in the courtroom or damage control inside and outside the courtroom.

While it is easy to go for the "defeat the case", if it were that easy, nobody would be convicted of drunk driving. It's rare when a case is truly a "good case" for trial. I've turned some bad cases into better cases, which I've won at trial, but it's difficult to hide from the truth on many cases.

Going to trial means rolling the dice on the possibility of being convicted of the original charge (usually higher than an offer by a prosecutor), losing some control of the sentencing, extra stress for the client and additional fees. What I do for my client is give them every single option from day one.

We begin a proactive plan outside of the courtroom, and use it aggressively in negotiations with the prosecutor and the judge. We take you out of the "typical defendant" column, and highlight your past, present, and where you're going with the future. I brag about your progress during the entire case to open up otherwise unlocked doors.

Along with relaying your progress, I strategically point out legal issues in the case to the prosecutor, and highlight our plan to go over those weaknesses. It's a negotiation, and I leave the door open for settlement with the clear understanding that we're ready to pursue all options. This technique is unlike anything I saw as a former prosecutor, and it makes my client stand out.

Typically a defense lawyer will just ask the prosecutor for their best offer without providing the client's progress (because their clients don't do anything like we do), and won't even bother to point out issues with proposed motions. I either file the motion prior to the conversation or provide them with proposed motions, which I will file if they don't offer us what we want. This is an attack on both fronts, but a respectful back and forth as I want to open all doors for my client.

Here is a more detailed breakdown on exactly how I get things done for my client. I wrote the DUI Playbook for Michigan, and have the most comprehensive approach both inside and outside the courtroom for the clients that I select for my practice.